Loading...
HomeMy WebLinkAbout10-5781Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 - Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 248602 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 Plaintiff V. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS 631 LOWTHER STREET LEMOYNE, PA 17043-2019 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /CS s78 l '0"" CUMBERLAND CO Ue - per:, ? ?;C w y Drn o -c CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE (:?i) $9-?.06-3?L 41 C K? ldcn x.33 File #: 248602 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 248602 Plaintiff is NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC 350 HIGHLAND DRIVE LEWISVILLE, TX 75067 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS 631 LOWTHER STREET LEMOYNE, PA 17043-2019 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/26/2003 JEFFREY T. BARRY and MICHELLE L. BARRY AKA MICHELLE L. HAAS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1802, Page 3883. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 248602 6. The following amounts are due on the mortgage: Principal Balance Interest 04/01/2010 through 08/17/2010 (Per Diem $11.75) Attorney's Fees Late Charges through 08/17/2010 Costs of Suit and Title Search Subtotal Escrow Credit TOTAL 7 8. $107,199.00 $1,633.25 $650.00 $53.61 550.00 $110,085.86 956.33 $109,129.53 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 248602 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $109,129.53, together with interest from 08/17/2010 at the rate of $11.75 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: H Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 248602 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to Survey of D.P. Raffensperger Registered Surveyor, dated October 28, 1954, as follows: BEGINNING at a point on the northerly side of Lowther Street 105 feet eastwardly of the northeasterly corner of the intersection of Lowther Street and Seventh Street, also at the dividing line between Lots Nos. 19 and 31, Section 'A' on hereinafter mentioned plan of lots; thence North 36 degrees 31 minutes West, along the same and along Lot No. 30, Section'A' on said Plan 105 feet to a point on the dividing line between Lots Nos. 19 and 28, Section'A'; thence North 53 degrees 29 minutes East along the same 60 feet to a point at the dividing line between Lots Nos. 18 and 19, Section'A' on said plan; thence South 36 degrees 31 minutes East, along the same 105 feet to a point on the northerly side of Lowther Street; thence westwardly along the same, 60 feet to a point, the place of beginning. BEING Lot No. 19, Section'A' on Plan of Waldon Terrace, as recorded in Plan Book 4, page 99, Cumberland County records, House No. 631 Lowther Street. HAVING THEREON erected a one story brick and block dwelling house. PROPERTY ADDRESS: 631 LOWTHER STREET, LEMOYNE, PA 17043-2019 PARCEL # 12-22-0822-165 File #: 248602 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. lC, DATE: ( J? ?o Attorney for Plaintiff File #: 248602 FILED-OFFICE CY TwIE rC,;O ONOTAI f Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 -- Jaime McGuinness, Esq., Id. No. 90134-- Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambiett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Defendant(s) cnu 10 SEP 24 PM ct)M ERLM'ID cOUNT '' Ela } LVA ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5781 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 248602 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP At o y for Plaintiff By: ? wrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-20-10 PHS #: 248602 . .' VERIFICATION , hereby states that he/she is ?' naml?-L of, NATIONSTAR MORTGAGE, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: S p File #: 248602 Name: BARRY Name: ?tir?tr Title: CC?O?tC ?4n?1(Ie1 Servicer: NATIONSTAR MORTGAGE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5781 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JEFFREY T. BARRY 631 LOWTHER STREET LEMOYNE, PA 17043-2019 PHS #: 248602 MICHELLE L. BARRY A/K/A MICHELLE L. HAAS 631 LOWTHER STREET LEMOYNE, PA 17043-2019 Phelan Hallman & Schmieg, LLP Atto for Plaintiff By: a(OLV& ? Law nce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 9-20-10 PHS #: 248602 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ESLEO-OFFICE. o?,,, at uln6cr±?9 F TH-E PP'OTNONOTARY Jody S Smith Chief Deputy 2917 10 10; f Richard W Stewart Solicitor CUMBERLAND COUNTY PENNSYLVANIA Nationstar Mortgage, LLC Case Number vs. Jeffrey Thomas Barry (et al.) 2010-5781 SHERIFF'S RETURN OF SERVICE 09/14/2010 04:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1638 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey Thomas Barry, by making known unto himself personally, at 631 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct cop f the same. ~ MICHAEL BAR ICK, DEPUTY 09/14/2010 04:38 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1638 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michelle L. Barry, by making known unto herself personally, at 631 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.40 September 15, 2010 A L BARRIC , E UTY SO ANSWERS, ROW R ANDERSON, SHERIFF ,c Ccon+, Suite Sheriff. 7e!eoa`?. 1:`:-. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~Bheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC vs. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Attorney for Plaintiff n ~ r_+ o ~~'° F-~a ~a7 Q ~ -~ ~ ?i ~~ s-~~ ~ c/s ~~ > t ~ G ~ ~ ~ -~- ~ ~ ---r :~'. c-~ o -+~ :~= ~ - ©c~ ~ `~ ~' `'' ~:~ -< CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5781 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY T. BARRY, and MICHELLE L. BARRY A/K/A MICHELLE L. HAAS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: ~~~}.~ Po qm1 C`~ IDo~. S(olo'{ (Z~ 02505~fD , (~(o~1Ce ~u,~.ecr 248602 As set forth in Complaint $109,129.53 Interest - 08/18/2010 to 10/29/2010 TOTAL $857.75 $109,987.28 I hereby certify that (1) the Defendant's last known address is 631 LOWTHER STREET, LEMOYNE, PA 17043-2019, and (2) that notice has been given in accordance with Rule 237.1, copy attached. '~ -- ^ Lawrence T. Phelan, s Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ udith T. Romano, Esq., Id. No. 58745 []~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: /! ~ PHS # 248602 PROTHONO RY 248602 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC vs. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-5781 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. 248602 (b) that defendant JEFFREY T. BARRY is over 18 years of age and resides at 631 LOWTHER STREET, LEMOYNE, PA 17043-2019. (c) that defendant MICHELLE L. BARRY A/K/A MICHELLE L. HAAS is over 18 years of age and resides at 631 LOWTHER STREET, LEMOYNE, PA 17043-2019. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~fl Z l0 ,... ~ ,. ^ Lawrence . Phe , E ., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 248602 (Rule of Civil Procedure No. 236) -Revised NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS vs. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS CIVIL DIVISION No. 10-5781 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on p By: ~ If you have any questions concerning this matter please contact: ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ~heetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 248602 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. JEFFREY T. BARRY MICHELLE L. BARRY, A/K/A MICHELLE L. HAAS Defendant(s) TO: JEFFREY T. BARRY 631 LOWTHER STREET LEMOYNE, PA 17043-2019 DATE OF NOTICE: October 18, 2010 COURT OF COMMON PLEAS CIVIL DTVISON NO. 10-5781 CIVIL TERM CUMBERLAND COUNTY THIS FIlZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 248602 IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 BY~ - Lawrence .Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 248602 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff v. JEFFREY T. BARRY MICHELLE L. BARRY, A/K/A MICHELLE L. HAAS Defendant(s) COURT OF COMMON PLEAS CIVIL DNISON NO. 10-5781 CIVIL TERM CUMBERLAND COUNTY TO: MICHELLE L. BARRY, A/K/A MICHELLE L. HAAS 631 LOWTHER STREET LEMOYNE, PA 17043-2019 DATE OF NOTICE: October 18, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTTING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTI'HOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIIZING A LAWYER. PHS # 248602 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717)249-3166 By: _ .. Lawrenc helan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 / Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 248602 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COURT OF COMMON PLEAS COMPANY, LLC Plaintiff CIVIL DIVISION v JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/30/2010 to Date of Sale ($18.08 per diem) TOTAL ?f .oa ?cj_ ?-?- s ? ?, , D b Costs B ?r q 5-y' 416 1, r lV,UO M a/ a PA_ 1 6, U J -e Co Note: Please attach description of property. PHS # 248602 e ? ia?rz8 ? a s?3?Y NO.: 10-5781 CIVIL TERM CUMBERLAND COUNTY C-) n c n -4 o 2 -4 $109.987.28 o'n $2,241.92 =CD D r^ $112,229.20 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 [] Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 w o? w? a? a Oww w U OV O? ?w U U a a O w O w w a a G?7 c?7 a Oa z a a a d ?t F w w a? w Q x w a a w x b ? a? Q ?, HO Ho cd w (V ? w N H w? 3 ? a3 y X00 00 r- O `t O, M NQ ?? -- M ?.0.1_N00 ? M G O O M z N N G? 12, ° c oZv'zo?oaN„`O ° °. c °zn wbb~:Z kill .. ?? a[100000000000000 ? LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to Survey of D.P. Raffensperger Registered Surveyor, dated October 28, 1954, as follows: BEGINNING at a point on the northerly side of Lowther Street 105 feet eastwardly of the northeasterly corner of the intersection of Lowther Street and Seventh Street, also at the dividing line between Lots Nos. 19 and 31, Section'A' on hereinafter mentioned plan of lots; thence North 36 degrees 31 minutes West, along the same and along Lot No. 30, Section'A' on said Plan 105 feet to a point on the dividing line between Lots Nos. 19 and 28, Section'N; thence North 53 degrees 29 minutes East along the same 60 feet to a point at the dividing line between Lots Nos. 18 and 19, Section'A' on said plan; thence South 36 degrees 31 minutes East, along the same 105 feet to a point on the northerly side of Lowther Street; thence westwardly along the same, 60 feet to a point, the place of beginning. BEING Lot No. 19, Section'A' on Plan of Waldon Terrace, as recorded in Plan Book 4, page 99, Cumberland County records, House No. 631 Lowther Street. HAVING THEREON erected a one story brick and block dwelling house. TITLE TO SAID PREMISES VESTED IN Warranty Deed to Jeffrey T. Barry and Michelle L. Hass, as joint tenants with the right of survivorship and not as tenants in common, by deed from David G. Kennerly and Kimberly A. Kennerly, husband and wife, and Jeffrey T. Barry, a single person, and Michelle L. Haas, a single person, Dated 10/26/2000, Recorded November 2, 2000, in Book 233, Page 165. PREMISES BEING: 631 LOWTHER STREET, LEMOYNE, PA 17043-2019 PARCEL NO. 12-22-0822-165 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-5781 CIVIL TERM CUMBERLAND COUNTY CERTIFICATION o C a ?,? The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in tlAx_ vwap*wd matter and that the premises are not subject to the provisions of Act 91 because: °c -<> co cD ( ) the mortgage is an FHA Mortgage c o a ( ) the premises is non-owner occupied = n = °x -n ( ) the premises is vacant q z o m (X) Act 91 procedures have been fulfilled 4 -- w This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney f r Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 11ATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. JEFFREY T. BARRY MICHELLE L. BARRY Defendant(s) A/K/A MICHELLE L. HAAS COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5781 CIVIL TERM • CUMBERLAND COUNTY PHS # 248602 AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 631 LOWTHER STREET, LEMOYNE, PA 17043-2019. v Name and address of Owner(s) or reputed Owner(s): Name JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 631 LOWTHER STREET LEMOYNE, PA 17043-2019 631 LOWTHER STREET LEMOYNE, PA 17043-2019 Address (if address cannot be reasonably ascertained, please so indicate) N cz, r 2 c nr 00 - a - 12(5 "b n 0-1 SIC Z Z 4-0 rn G N v ? 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013-3387 Cumberland County Adult Probation 1 Courthouse Square Attn: Dennis E. Lebo Carlisle, PA 17013-3387 Commonwealth of Pennsylvania 1 Courthouse Square Court of Common Pleas; County of Cumberland Carlisle, PA 17013 9'h Judicial District 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PHFA/HEMAP P.O. Box 15530 C/o: Roberta A. Sheaffer Harrisburg, PA 17105-5530 Pennsylvania Housing Finance Agency Pennsylvania Housing Finance Agency Homeowner's Emergency Mortgage Assistance Program 211 North Front Street; P.O. Box 15530 Harrisburg, PA 17105-5530 211 North Front Street; P.O. Box 15530 Harrisburg, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Borough of Lemoyne 665 Market Street Lemoyne, PA 17043 Borough of Lemoyne 510 Herman Avenue Attn: Howard E. Dougherty, CMC Lemoyne, PA 17043-1822 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 631 LOWTHER STREET LEMOYNE, PA 17043-2019 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6th Floor, Strawberry Sq. Dept 280601, Harrisburg, PA 17128 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. November 16, 2010 BY: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 YAndrew urtenay R. Dunn, Esq., Id. No. 206779 ?C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 e NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 10-5781 CIVIL TERM VS. • o JEFFREY T. BARRY CUMBERLAND PO=Tr MICHELLE L. BARRY A/K/A MICHELLE L. HAAS v oo :r- Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY =:o Dc's ? Zn TO: JEFFREY T. BARRY MICHELLE L. BARRY S z) N " ?rn 631 LOWTHER STREET A/K/A MICHELLE L. HAA LEMOYNE, PA 17043-2019 631 LOWTHER STREET LEMOYNE, PA 17043-2019 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 631 LOWTHER STREET, LEMOYNE, PA 17043-2019 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $109,987.28 obtained by NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5781 CIVIL TERM NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC VS. JEFFREY T. BARRY MICHELLE L. BARRY A/K/A MICHELLE L. HAAS owner(s) of property situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, being (Municipality) 631 LOWTHER STREET. LEMOYNE, PA 17043-2019 Parcel No. 12-22-0822-165 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $109,987.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described according to Survey of D.P. Raffensperger Registered Surveyor, dated October 28, 1954, as follows: BEGINNING at a point on the northerly side of Lowther Street 105 feet eastwardly of the northeasterly corner of the intersection of Lowther Street and Seventh Street, also at the dividing line between Lots Nos. 19 and 31, Section'A' on hereinafter mentioned plan of lots; thence North 36 degrees 31 minutes West, along the same and along Lot No. 30, Section'A' on said Plan 105 feet to a point on the dividing line between Lots Nos. 19 and 28, Section'A'; thence North 53 degrees 29 minutes East along the same 60 feet to a point at the dividing line between Lots Nos. 18 and 19, Section Won said plan; thence South 36 degrees 31 minutes East, along the same 105 feet to a point on the northerly side of Lowther Street; thence westwardly along the same, 60 feet to a point, the place of beginning. BEING Lot No. 19, Section 'A' on Plan of Waldon Terrace, as recorded in Plan Book 4, page 99, Cumberland County records, House No. 631 Lowther Street. HAVING THEREON erected a one story brick and block dwelling house. TITLE TO SAID PREMISES VESTED IN Warranty Deed to Jeffrey T. Barry and Michelle L. Hass, as joint tenants with the right of survivorship and not as tenants in common, by deed from David G. Kennerly and Kimberly A. Kennerly, husband and wife, and Jeffrey T. Barry, a single person, and Michelle L. Haas, a single person, Dated 10/26/2000, Recorded November 2, 2000, in Book 233, Page 165. PREMISES BEING: 631 LOWTHER STREET, LEMOYNE, PA 17043-2019 PARCEL NO. 12-22-0822-165 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff (s) From JEFFREY T. BARRY AND MICHELLE L. BARRY A/K/A MICHELLE L. HAAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$109,987.28 L.L.$.50 Interest FROM 10/30/2010 TO DATE OF SALE (18.08 PER DIEM) - $2,241.92 Atty's Comm % Atty Paid $190.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 18, 2010 (Seal) REQUESTING PARTY: Nlly.= h ?ILL5- LL David D Buell, Protho o By: Deputy Name Andrew C. Bramblett, Esquire Address: Phelan Hallinan & Schmieg, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 208375 November 15, 2010 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. JEFFREY T. BARRY MICHELLE L. BARRY Defendant(s) A/K/A MICHELLE L. HAAS TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5781 CIVIL TERM CUMBERLAND COUNTY C= o -? - rn- _ o-n x© c on nn Owner(s): JEFFREY T. BARRY ?'' '• MICHELLE L. BARRY A/K/A MICHELLE L. HAAS 1-0 Property: 631 LOWTHER STREET LEMOYNE, PA 17043-2019 Improvements: Residential dwelling Judgment amount: $109,987.28 The above-captioned property is scheduled to be sold at the CUMBERLAND County Sheriffs Sale on 03/02/2011 in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 at 10:00 AM. Our records indicate that you may hold a mortgage, judgment, or other interest with respect to the property which may be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as we are not permitted to give you legal advice. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-ac-Fir- Sheriff T?? F f Jody S Smith h Chief Deputy 2010 OEC 16 A Richard W Stewart ('UP48ERLANf Solicitor Nationstar Mortgage, LLC vs. Case Number Jeffrey Thomas Barry (et al.) 2010-5781 SHERIFF'S RETURN OF SERVICE 12/15/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $168.51 SO ANSWERS, December 15, 2010 RON R ANDERSON, SHERIFF "? -00 P?, 6,, ;c Do(r„ySuite She-,t T-£e6euSo't. Inc. , 5Z) L,(, pd , ????? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH,OF PENNSYLVANIA) • COUNTY OF CUMBERLAND) NO 10-5781 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff (s) From JEFFREY T. BARRY AND MICHELLE L. BARRY A/K/A MICHELLE L. HAAS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from 4iv (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$109,987.28 L.L.$.50 Interest FROM 10/30/2010 TO DATE OF SALE (18.08 PER DIEM) - $2,241.92 Atty's Comm % Atty Paid $190.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 18, 2010 (Seal) bfw"11) . I;UE L L David D Buell, Protho of By: IYrl?1)fYY1 Deputy REQUESTING PARTY: Name Andrew C. Bramblett, Esquire Address: Phelan Hallinan & Schmieg, LLP, 1617 JFK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 208375 TRUE COPY FROM RECORD In Testimony whereof, I here unto and the set my hand s Id at 0.80we, Pa. ) cal 20-/0 1 On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 631 Lowther Street Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: U,,?,,,, &?- Real Estate Coordinator Z : :Z J b ( LEON UZ